Car declared sorn in our parking area

unholyangel

Rover_Driver wrote: »

It doesn't matter if it is public or private for licensing purposes, unless exempt, it is required to be licensed.

I don't understand your point.

Mines was that the offence is using or keeping an unlicensed vehicle. There are some exceptions to that offence. One is being an exempt vehicle - which wouldn't require the owner to declare SORN. Another is if you SORN the vehicle and its not being used or kept on a public road - we know the first part, just not the second.

TooManyPoints wrote: »

For the purposes of this question I disagree. The OP's description makes it sound very much like the area is a carpark. If it is a car park then (without getting involved in the insurance issue) nothing else matters - a vehicle may be left there under SORN even if it's a public car park. Of course you could argue the other way round - if it is "private" it doesn't matter whether or not it's a car park. It's a moot point. But none of this really matters because we don't know and it seems unlikely we'll find out.

I disagree on the description. Being a area you park a car does not in itself make it a car park, particularly with the circumstances (that its an access way to garages for a block of flats and only servicing 5 houses). Of course, not being a car park doesn't automatically make it a road either.

The question on whether its public or private is a lot easier to answer than whether its a road or not. And the question is irrelevant if its private so....

But I do agree its probably all moot as it looks like the OP has lost interest or is busy elsewhere.

Rover_Driver

unholyangel wrote: »

I don't understand your point.
Mines was that the offence is using or keeping an unlicensed vehicle.

Exactly, the offence is using or keeping, unless exempt, an unlicensed vehicle. The offence is committed anywhere - public or private.
One of the exemptions is if the vehicle is not used or kept on a public road, and there is a SORN in respect of the vehicle. If the location the OP describes is considered to be part of a public road, the SORN would not be valid, if it is not considered to be part of a public road, the SORN (for licensing purposes) will be valid.

Ectophile

As an alternative to the endless arguments as to whether or not your parking place is a public road, there's an alternative way to go about it...


Report the abandoned car to your local council. Even though it's on private land, they still have the responsibility to remove abandoned cars. See https://www.gov.uk/guidance/abandoned-vehicles-council-responsibilities

missile

Ectophile wrote: »

As an alternative to the endless arguments as to whether or not your parking place is a public road, there's an alternative way to go about it...


Report the abandoned car to your local council. Even though it's on private land, they still have the responsibility to remove abandoned cars. See https://www.gov.uk/guidance/abandoned-vehicles-council-responsibilities

……… but is it abandoned?

Decide if a vehicle is abandoned
You must decide if a vehicle is abandoned. This is likely if at least one of the following applies:
it has no keeper on DVLA’s database and is untaxed - check vehicle tax online
it’s stationary for a significant amount of time
it’s significantly damaged, run down or unroadworthy - for example, has flat tyres, missing wheels or broken windows
it’s burned out
a number plate is missing

warby68

I would think the SORN goes to proving its abandoned but all the arguments about whether any offence can be acted upon seems to make that a slim chance.

Is the owner definitely aware the the 5 houses own the land and that it is therefore private?

Is it worth clubbing together for a solicitors' letter ? The prospect of 5 co-owners working together might convince him that some consequences are looming.

I must admit I'd be fuming with the cheeky sod.

AdrianC

SORN proves it's abandoned...?

shaun_from_Africa

warby68 wrote: »

I would think the SORN goes to proving its abandoned

I would say the exact opposite.
If someone had gone to the trouble of applying for SORN on a vehicle, it shows that they still wish to keep that vehicle legal and are attempting to comply with their legal requirements for it.

If the car had been left where it is and had expired tax and no MOT or insurance then I would say that it had been abandoned but not the vehicle in question.

warby68

shaun_from_Africa wrote: »

I would say the exact opposite.
If someone had gone to the trouble of applying for SORN on a vehicle, it shows that they still wish to keep that vehicle legal and are attempting to comply with their legal requirements for it.

If the car had been left where it is and had expired tax and no MOT or insurance then I would say that it had been abandoned but not the vehicle in question.

Sorry, I meant only part of the picture - a vehicle not currently taxed according to the list above. I was trying to say the SORN issue sounds a nightmare but isn't the main issue actually someone parking on land owned by someone else?

jk0

Usual advice on landlordzone is to jack up the back wheels on a trolley jack and wheel the car onto the actual road. Then report it.

googler

grayson wrote: »

No they live about 800 yards away from our road.

Report to police/DVLA as abandoned, then.